[Amended 4-8-1991]
This article provides regulations for those
districts where confined feeding operations are permitted uses.
For the purpose of this article, certain words
and terms are defined as follows:
For the purpose of this article, “confined animal feeding
operation” means a lot or facility, together with any associated
treatment works, where all three of the following conditions are met:
[Amended 4-8-1991; 9-14-1992; 6-21-2005]
Animals have been, are or will be stabled in
or confined and fed or maintained for a total of 45 days or more in
any twelve-month period;
Crops, vegetation, forage growth or post-harvest
residues are not sustained over any portion of the lot or facility;
and
The animal feeding operation has 300 or more
animal units.
For the purpose of this article, “confined poultry
feeding operation” means any confined animal feeding operation
with 200 or more animal units of poultry.
[1]
[Added 6-21-2005; amended 3-20-2023]
Domestic animals, including but not limited to cattle, horses,
sheep, goats and swine, raised for home use, pleasure or profit, but
does not include dogs or cats.
Includes all domestic fowl and game birds raised in captivity.
Any pond or lake which is regularly used for fishing, boating,
swimming or any other recreational activity.
The Zoning Administrator of the County of Page, Virginia.
[Added 9-14-1992]
[1]
Editor's Note: The former definition of “inspector,”
which immediately followed this definition, was repealed 9-14-1992.
[Amended 4-8-1991; 6-21-2005; 3-20-2023]
A.
Every confined feeding operation begun after the enactment of this
section shall be located no closer than 300 feet from any structure
designed to be occupied as a residence, excluding any residence owned
by the applicant desiring a permit to establish a confined feeding
operation. Every confined feeding operation begun after the enactment
of this section shall be located no closer than 600 feet from any
residential zoning district, school, church, community center or commercial
business establishment or industry or any other structure designed
for public occupancy. Every confined feeding operation begun after
the enactment of this section shall be located no closer than 1,000
feet from any boundary of a town within the County.
B.
Any such operation shall be located no closer than 150 feet from
any neighboring property line.
C.
Every such confined feeding operation shall be located no closer
than 200 feet from any primary highway or roadway and 100 feet from
any secondary highway, roadway or other right-of-way for passage.
D.
In order to protect surface water and groundwater, no such operation
shall be located within 300 feet of any recreational pond or lake
or within 100 feet of any river, creek, spring, reservoir or public
water supply system, including but not limited to wells or cisterns.
No such operation shall be located within 50 feet of any private water
supply system, including but not limited to wells or cisterns.
[Added 4-8-1991; amended 3-20-2023]
Any person, firm, corporation, partnership or other business
entity applying for a permit to establish a confined feeding operation,
as defined in this article, shall not be issued a permit unless the
poultry house or accessory use or structure shall be built on a parcel
or adjoining and contiguous parcels of land of 10 acres or more, and
such parcel or parcels are owned solely by the applicant(s). This
section shall not be applicable if the applicant owns and operates
a confined feeding operation(s) on the subject parcel or parcels at
the time of submitting the application. In addition thereto, the applicant
shall meet all other requirements of this article.
[Added 8-12-1991]
Any person, firm, corporation, partnership or
other business entity shall not be granted permits to construct more
than three confined feeding operations for poultry, as defined in
this article, within a period of one year. For the purpose of this
section and for the purpose of not circumventing the intent of this
article, any person who applies for a permit to construct a poultry
house in the name of a firm, corporation, partnership or other business
entity and who has a major financial interest in said firm, corporation,
partnership or other business entity shall not be allowed to construct
more than three confined feeding operations for poultry within any
one-year period, even though an application for a permit may be in
the name of a firm, corporation, partnership or other business entity.
In addition hereto, in order not to circumvent the intent of this
article, spouses and immediate members of a family living in the same
household shall not be granted permits to construct more than three
confined feeding operations for poultry within any one-year period,
notwithstanding the fact that an application for a permit may be in
the separate name of a spouse or immediate family member living in
the same household.
[Amended 9-14-1992; 3-20-2023]
A.
It shall be unlawful for any person, firm, corporation,
partnership or other business entity to establish a confined feeding
operation subsequent to the enactment of this article unless such
person first obtains a permit as required by the provisions of this
article.
B.
How obtained. A zoning permit to establish and operate
a confined feeding operation shall be obtained by making written application
to the Page County Zoning Administrator by furnishing evidence of
compliance with the terms of this article.
[1]
Editor's Note: Former §§ 125-36, Exceptions,
amended 9-14-1992; 125-37, Approval of plan, amended 9-14-1992; 125-38, Fees, amended 9-14-1992; and 125-39, Written consent of adjoining property owner,
amended 4-8-1991 and 9-14-1992, were repealed 3-20-2023. This ordinance also renumbered former §§ 125-40 and 125-41 as §§ 125-36 and 125-37, respectively.
Failure to obtain a permit or to otherwise comply with the requirements of this article shall be subject to the penalties and provisions as set forth in §§ 125-63 through 125-63.4. Each day of operation after notification of noncompliance shall constitute a new and separate violation.
[1]
Editor's Note: This ordinance also repealed former § 125-42,
Filing of nutrient management form, added 12-9-1991, which immediately followed
this section.
[Added 3-20-2023]
All waste storage and disposal shall comply
with all federal, state, and local laws.
